BILL ANALYSIS �
SB 1429
Page 1
SENATE THIRD READING
SB 1429 (Evans)
As Amended April 9, 2012
Majority vote
SENATE VOTE :39-0
GOVERNMENTAL ORGANIZATION 17-0
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|Ayes:|Hall, Nestande, Atkins, | | |
| |Block, Blumenfield, | | |
| |Chesbro, Cook, Galgiani, | | |
| |Garrick, Gatto, Hill, | | |
| |Jeffries, Ma, Perea, V. | | |
| |Manuel P�rez, | | |
| |Silva, Torres | | |
| | | | |
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SUMMARY : Makes technical and clarifying changes to an existing
provision of the Alcoholic Beverage Control Act (Act) relative
to requiring winegrowers and distilled spirits manufacturers to
dispose of leftover product provided at instructional tastings
events.
EXISTING LAW :
1)Establishes the Department of Alcoholic Beverage Control (ABC)
and grants it exclusive authority to administer the provisions
of the Act in accordance with laws enacted by the Legislature.
This involves licensing individuals and businesses associated
with the manufacture, importation and sale of alcoholic
beverages in this state and the collection of license fees for
this purpose.
2)Permits a winegrower or distilled spirits manufacturer, or its
authorized agent, to conduct "instructional" consumer tastings
at an on-sale retail licensed premise provided the following
conditions are met: a) no more than one-fourth ounce of
distilled spirits is offered in one tasting; b) no more than
one ounce of wine is offered in one tasting; and, c) no more
than three tastings are offered to an individual in one day.
An instruction may include the history, nature, values and
characteristics of the product being offered, and the methods
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of presenting and serving the product.
3)Requires the winegrower or distilled spirits manufacturer to
remove any unfinished alcoholic beverage product that he/she
provided following the instruction.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
Purpose of the bill : According to the author's office, this
measure was generated from constituent feedback to the Senate
Select Committee on California's Wine Industry. The author's
office notes that, current law intends for wine instructors to
remove "leftover wine" after the tasting/instruction concludes.
They point out that the grammatical changes incorporated in this
measure will add clarity to this existing provision of law.
Prior legislation : AB 605 (Portantino), Chapter 230, Statutes
of 2007, added a new provision to the Act that authorized ABC to
issue to the holder of any off-sale retail license an
instructional tasting license that would permit the license
holder to allow an authorized licensee, as defined, or
designated representative of that licensee, to conduct, on a
designated portion of, or contiguous to, an existing licensed
premises, an instructional tasting event at which tastes of
alcoholic beverages may be served to consumers, as provided.
AB 2293 (De Leon), Chapter 638, Statutes of 2008, added a new
provision to the Act that permits distilled spirits
manufacturers and winegrowers to provide their product offerings
directly to consumers (free of charge) during invitation-only
events on premises for which a caterer's permit authorization
has been issued.
SB 1548 (Murray), Chapter 670, Statutes of 2006, authorized beer
manufacturers and wholesalers to offer beer samples (not to
exceed eight ounces per person, per day) to individuals of legal
drinking age at on-sale retail licensed premises under specified
conditions.
AB 2285 (V. Brown), Chapter 248, Statutes of 1998, allowed
on-sale retail licensees to offer limited tastings of wine or
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distilled spirits at the licensed establishment.
SB 993 (Burton), Chapter 544, Statutes of 1997, among other
things, authorized a licensed distilled spirits manufacturer to
conduct tastings of distilled spirits on the licensed premises
under specified conditions.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0004166